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Statement of Academic Honesty: I have read and understand that plagiarism policy as
outlined in the Student Plagiarism and Academic Misconduct document relating to the
Honesty/Cheating Policy. By attaching this statement to the title page of my paper, I
certify that the work submitted is my original work developed specifically for this course
and to the MSED program. If it is found that cheating and/or plagiarism did take place in
the writing of this paper, I acknowledge the possible consequences of the act/s, which
could include expulsion from the University of New England.
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Module 1, Legal Framework of Education
I. Statutes
A. Constitution of Maine http://www.maine.gov/legis/co/
The following sections of the Constitution of the State of Maine address education
indirectly and directly:
Article I. Section 6-A Discrimination against persons prohibited addresses due
process.
Article IV. Part Third, Legislative Power: Section 2, Section 19, and Section 21
addresses the process of a bill becoming a law and power of city
councils.
Article V. Part First, Executive: Section 8, addresses the governors power of
nomination, and Section 12, addresses enforcement of law.
Article VI. Judicial Power.
Article VIII. Part First. Education: Section 1, addresses towns supporting public
schools, Section 2, addresses loans to assist with higher education.
Article IX. General Provisions: Section 7 and 8 deals with valuation and taxation,
Section 8. 3, School districts deals with authorizing School
Administrative
Districts to levy, Section 9 addresses power of taxation,
Section 18, 18A,
& 18B all address funds of Maine State retirement
which affect teachers
retirement, and Section 24, 3 deals with Judicial
Review and states that the
Supreme Judicial Court has original jurisdiction to
hear any challenge to
an apportionment law enacted by the Legislature.
B. Maine State Statute/s That Cover Education
http://www.mainelegislature.org/legis/statutes/20-A/title20-Ach0sec0.html
Title 20-A: Education
Major Categories
Part 1. General Provisions
Part 2. School Organization
Part 3. Elementary and Secondary Education
Part 4. Specific Education Programs
Subpart 1: Specific Education
Subpart 2: Applied Technology Education
Subpart 3: Other Programs
Part 5. Post-Secondary Education
Part 6. Teachers
Part 7. School Finance
Part 8. Rehabilitation Services
Part 9. Learning Technology
Part 10. Interstate Compact on Educational Opportunity for Military
Children
C. Maine Department of Education http://www.maine.gov/doe/index.html
Duties of DOE
The DOE is a resource to state legislators in providing information about DOE
programs and Maines education system. This state agency, at times, proposes bills and
takes positions of legislation affecting education. The Department also adopts rules to
implement laws passed by the Maine Legislature.
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Responsibilities: Title 20-A Part 1., Ch 3. Subchapter 1: 201. Purpose of the department:
This law states that the purpose of the DEO is to supervise public education, guide and plan for a
coordinated system of public education for all citizens of the State based on the system of learning results
as established in section 6209;[ 2001, c. 454, 1 (AMD) .]; Interrelation with other programs; Interrelate
public education with other social, economic, physical and governmental activities, programs and services [
1989, c. 700, Pt. B, 6 (AMD) .]; Cultural services. [ 1989, c. 700, Pt. B, 7 (RP) .]; Advancement of
education; Encourage and stimulate public interest in the advancement of education.[ 1989, c. 700, Pt. B,
8 (AMD) .]; and Cultural and historical heritage. [ 1989, c. 700, Pt. B, 9 (RP) .]
http://www.ca1.uscourts.gov/
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Maine resides in the First Circuit of Appeals as does New
Hampshire,
Massachusetts, Rhode Island, and Puerto Rico.
V. Major State Court Cases
1. Donahoe v. Richards Supreme Judicial Court of Maine 38 Me. 379 (1854) A
student was expelled for refusing to read a selected version of the bible. She
wanted to read the version that reflected her religious beliefs and to do
otherwise was viewed as being sinful.
http://scholarship.law.wm.edu/wmborj/vol14/iss3/10
2. Julia Anderson et al. v. Town of Durham et al.,
The Plaintiff sought taxpayer funds to finance private education at a religious
school. U.S. Supreme Court doesnt accept case challenging Maine Law
Protecting Religious Freedom 11/28/06.
https://www.aclu.org/religion-belief/mclu-applauds-us-supreme-courtdecision-not-accept-case-challenging-maine-law-protec
3. Fitzgerald v. Barnstable School Committee (07-1125)
http://www.law.cornell.edu/supct/cert/07-1125
Module 2, Tort Liability
I. Statutes Relating to Corporal Punishment, Seclusion, and Restraint
A. Corporal Punishment / Restraint:
20-A Pt 3 Elementary and Secondary, Ch 201: 4009. Civil liability: This law states that an
employee cannot be held civilly liable for use of reasonable degree of force against a person who create a
disturbance when it is necessary to do the following: control the behavior and/or remove the person from
scene of disturbance. However, the force cannot be reckless or intentional.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html
B. Seclusion:
20-A Pt 3, Ch 206, Subchapter 1 4502. School approval requirements: This addresses the use
of time-out areas. It states specifically that The use of a time-out area is subject to the following: (1) The
time-out area must be well ventilated and sufficiently lighted. The time-out area may not be locked; and
(2) The time-out area must be designed to ensure the safety of the student so that the student is supervised
by a professional staff member in the room or can be observed from outside of the time-out area and can be
heard by a person supervising the time-out area; [2009, c. 313, 2 (AMD).]
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4009.html
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anytrainingandinstructionalmaterialsrelatedtothepolicythatthecommissionerdeterminesnecessary.
Thisincludesaprocedureforschooladministrativeunitstoreport(nonidentifyingindividuals)
substantiatedincidentsofbullyingandcyberbullyingtothedepartmentonatleastanannualbasis.Ithasto
includethespecificnatureoftheincidents,andtheconsequencesandtheactionstaken,butnotnamesof
students.
http://www.mainelegislature.org/legis/statutes/20A/title20Asec254.html
20-A MRSA 1001, sub-15, H, asenactedbyPL2005,c.307,3,isection2samendedto
read:H.Establishpoliciesandprocedurestoaddressbullying,harassmentandsexualharassmentasset
forthinsection6554.
20-A MRSA 6554section3Prohibitiononbullyinginpublicschools:Thislawaddresses
impactofbullyingandcyberbullying.Italsodefinesalternativesdiscipline,bullying,andcyberbullying.
Arangeofparametersisprovidedinaddressingbullyingtoschoolrelated/affectedissues.Italsoprovides
whatneedstobeincludedinthepoliciesandproceduresthataddressbullyingaswellasdisseminationand
applicationofthepolicy.
http://www.mainelegislature.org/legis/statutes/20A/title20Asec6554.html
V. Other items
20-A Part 1, Ch 3, Subchapter 2: 262. Violence prevention and intervention: This law states
that the commissioner will provide the following: technical assistance to school administrative units that
request it, in the provision of violence prevention and intervention training programs for teachers, school
staff and students. Conflict resolution education, peer mediation and early identification and response to
signs of violence is the focus of violence prevention. [1999, c. 781, 1 (NEW).]
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec262.html
Module 3, Church-State
I. State law that relates to religion (a moment of prayer or meditation)
20-A, 4805 2. Period of Silence: States that a school board may require, at the beginning of the
day, that a period of silence will be observed for reflection or meditation with no other
activity happening.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4805.html
20-A 1001, 112. Salaries of Person Absent: States that for employees
with yearly contracts or on tenure can observe religious holidays that is a bona fide
observance of a designated holiday within his/her church of their faith, with no
reduction in pay.
20-A 4805 Other Special Observances 9. Religious Holidays: States
that public schools may acknowledge religious holidays in a manner that does not
endorse religion.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4805.html
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20-A 6355. 3. Philosophical or religious exemption: This law says that
a parent needs to write a letter requesting an exemption of immunization because of
a sincere religious belief or philosophical reason.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6355.html
20-A 6451 3. Exempt students: This is similar to the immunization
exemption. This states that a child can be exempted from health screening on
religious grounds needs to be in writing. However, health screening has to happen
if there is an apparent sight or hearing defect.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6451.html
20-A 1224-A. Release time for religious observance: States that
students can participate in a course of moral or religious observance (at a suitable
place / church/ place of worship release can be granted for instruction up to 1 hour
per week).
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6451.html
II. State law relating to tax vouchers being used at any school including religious
schools
20-A 2951- 2955 discusses school voucher laws. Students who reside in
a district that does not have a public school or contracts with another district are
eligible. Private school participation requires that if at least 60% of a private schools
student attendance is publicly funded, the school must participate in the state
assessment, but the private school must be non-religious. The max dollar voucher
is equal to the statewide average per pupil allocation.
http://www.ncsl.org/research/education/voucher-law-comparison.aspx
III. Identify if your state has a Blaine Amendment
Maine does not have a Blaine Amendment
http://www.maine.gov/legis/const
IV. Any state court cases or cases settled within your Circuit Court that contested
church/state issues
1. Weisman v. Lee, 908 F. 2d 1090 (1st Cir. 1990), affd. 112 S. Ct. 2649 (1992).
Addressed graduation speakers that includes religious content
http://www.oyez.org/cases/1990-1999/1991/1991_90_1014
2. Eulitt v. State of Maine, 386 F 3d 344 (1st Cir. 2004).
Addressed public tuition funds to be spent by parents at religiously-affiliated private
schools.
http://caselaw.findlaw.com/us-1st-circuit/1459164.html
3. https://www.aclu.org/religion-belief/mclu-applauds-us-supreme-courtdecision-not-accept-case-challenging-maine-law-protect
V. Other Items Found
30-A 4724 EXPENDITURES 9. Advisory organization: This part of the statute limits a
municipality by stating that it cannot provide services, materials, or equipment for use in religious courses,
devotional exercises, religious training or religious activity.
http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec5724.html
20-A M.R.S.A. 4010 : States that the pledge of allegiance should be allowed in schools, but
should no be mandated that all students do so.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4010.html
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I. State statutes or the part of the state constitution that looks at equity of
opportunity in education, which includes school financing
Constitution of the State of Maine Article VIII Part First Education:
1. Legislature shall require towns to support public schools; duty of Legislature: will require towns to
support and maintain public school
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2.html
5, 4602: This law addresses 4 areas of unlawful discrimination: basis of sex, basis of physical or
mental disability, basis of national origin or race, and basis of sexual orientation.
http://www.mainelegislature.org/legis/statutes/5/title5sec4602.html
20-A Ch 801, Pt 9, 19102: Fund purpose and plan. This law address equity in providing
technology resources for students that are economically disadvantaged or have special needs.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec19102.html
II. State statutes that provide guidelines for working with ESL children, illegal
immigrants, homeless children, gender or any other designated group (not including
children with disabilities
A. ESL 20-A 8601, Adult Education, Definitions16. Basic literacy instruction. "Basic
literacy instruction" means instruction, based on individual needs and goals,
for adults whose skills in reading, writing, numeracy, speaking or listening are
below the grade 12 level. It includes adult basic education and English as a
Second Language instruction described in the States plan for the
implementation of the federal adult education program and adult literacy and
English as a Second Language instruction provided with state and local
funding.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec8601-A.html
20-A 20105 Article 5, 2. Educational program placement. A school in a
receiving state
shall initially honor placement of a student in educational
programs based on current educational
assessments conducted at the school in
the sending state or participation or placement in like
programs in the sending
state, including but not limited to gifted and talented programs and
English as a
Second Language programs. Nothing in this subsection precludes the school in the
receiving state from performing subsequent evaluations to ensure appropriate
placement of the
student.
B. Illegal Immigrants
Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits
not allowing illegal immigrants to attend school.
20-A M.R.S.A. 5202 states that a childs parent or legal guardian must reside in the school
district in question in order to get a free and appropriate education.
C. Homeless children
NCLB, Congress reauthorized the McKinney-Vento Homeless Assistance Act
Addresses equal educational opportunities for children that are homeless and requires stated ed.
agencies and local school districts to review and revise laws, regulations, practices and policies
that prevent or create barriers for homeless children in obtaining an education.
http://www.maine.gov/doe/homeless/
http://center.serve.org/nche/legis/mv.php
20-A M.R.S.A. Ch1, pt 1 13-A provides a clear definition of what constitutes a homeless student
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1.html
20-A M.R.S.A. 5205, 7 Homeless students: Address acts that the commissioner can do to aid
homeless students.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5205.html
D. Gender
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Maine Human Rights Act 5 M.R.S.A. 4551
Also the laws noted in this notebook under sexual orientation also apply to gender/sex.
III. State court cases or cases settled within your Circuit Court that have involved
desegregation issues or other student classification issues?
Frazer v. Fairhaven Sch. Comm., 276 F.3d 52
http://scholar.google.com/scholar_case?case=10113481050926875855&q=Frazer+v.+Fairhaven+Sch.+Comm.,
+276+F.3d+52&hl=en&as_sdt=6,50&as_vis=1
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including stipulations for identification), early intervention services, free, appropriate public education,
intermediate education unit, individualized education program team, related services, special education,
special education facility, state licensed agency, childrens residential care facility, special education
program, and special education services.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7002.html
7005. Special Education. This states that when feasible State of Maine rules will be more
stringent then the federal statue or regulation.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7005.html
7006. Responsibility. This addresses free and appropriate public education for students with
disabilities.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec7006.html
II. Any state court cases or cases settled within your Circuit Court that impact the
structure of special education and its delivery in your state:
1) Lisa Ryan Fitzgerald, etc., et. al. v. Barnstable School Committee, et. al., 504 F. 3d 165. Court of
Appeals for the First Circuit
http://www.wrightslaw.com/law/caselaw/07/1st.fitzgerald.barnstable.pdf
2) Maroni v. Pemi-Baker Regional School District (1st Cir. 2003) Decision breaks new ground, Court rules
that parents can pursue IDEA claims in federal court without an attorney.
http://www.wrightslaw.com/law/caselaw/2003/1st.maroni.pemi.baker.
3) City Salem v. Bureau of Special Education Appeals of the Department of Education
http://caselaw.findlaw.com/ma-supreme-judicial-court/1100765.html
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Addresses students who live
in unorganized territories and their rights for special education.
20-A, 3251. School privileges in the unorganized territories:
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec3251.html
20-A, 3254-A. Other educational programs: 1. Special education programs. The commissioner
shall provide special education and related services to all children with disabilities of the unorganized
territory in accordance with the provisions of chapter 303.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec3254-A.html
20-A, 4703. Instruction for individual students: Elementary and secondary schools shall
provide students with opportunities for learning in multiple pathways that may include the following:
1. Career and technical education; 2. Alternative education programs; 3. Apprenticeships; 4. Career
academies; 5. Advanced placements; 6. Online courses; 7. Adult education; 8. Dual enrollment;
9. Gifted and talented programs. This law assists with creating IEPs that do not fit the typical schedule.
http://www.mainelegislature.org/legis/statutes/search.asp
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20-A 2413, Revenue Provisions: the state and local funds follow the student. Therefore the
school administrative unit has to forward the per-pupil allocations to the public charter schools.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec2413.html
E. Confidentiality of HIV:
5, 19203, Confidentiality of test: states that no person may disclose the results of an HIV test,
except for certain reasons given
http://www.mainelegislature.org/legis/statutes/5/title5sec19203.html
G. Student records:
20-A, 6001, Dissemination of information: This statute states laws that protect student records
and provides information about internet restrictions and providing information to criminal justice agencies
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html
20-A 6001, transfer of education records: This states that students records must follow students
who transfer.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001-B.html
B. Confidentiality of records:
20-A Ch 221 6001-6004 Student Records: this address students records: dissemination of
information, internet restrictions, dissemination of ed. records to criminal justice agencies,
parental access to info.; transfer of ed. records. 6005 2. Addresses FERPA.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec6001.html
C. Dress code:
20-A 1001, 15 Adoption of student code of conduct: states that educators, administrators,
parents, students, and community members will adopt a district-wide student code of
conduct A- defines unacceptable behavior; B. defines students responsible behavior.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html
III. Discipline:
A. Suspension/Expulsion:
20-A 1001: 9. Students expelled or suspended.
EXPULSION: Following a proper investigation of a student's behavior and due process
pursuant to subsection 8-A, if found necessary for the peace and usefulness of the school, a school
board shall expel any student: deliberate disorderly; violent; firearm or a dangerous weapon as
defined in Title 17-A, section 2, subsection 9 without permission of a school official; intentionally
or knowingly causes injury with weapon; or threatens injury; or has drug as defined in Title 17-A,
chapter 45. [1993, c. 157, 1 (NEW).]
SUSPENSION: The school board may authorize the principal to suspend students up to a
maximum of 10 days for infractions of school rules. (Can write policy requiring a student who is
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in violation of school substance abuse or possession rules to participate in substance abuse
services. Also, a school board can provide educational services in an alternative setting .
http://www.mainelegislature.org/legis/statutes/20-a/title20-Asec1001.html
http://www.mainelegislature.org/legis/statutes/1/title1sec405.html
A. Truancy:
20-A 5001, Compulsory attendance: students 7 years or older and under 17 have to attend
school in its regular session with the following exceptions: graduates prior to age 17; reached
15 or completed 9th gr.; parents permission to leave school; approval by principal to attend
work program; school board approval to leave; matriculated and is attending post-secondary
school; enrolled in online learning
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5001-A.html
20-A Pt 2, Ch 119, , Unorganized Territory, Truancy; excusable absences: 2. Truancy. A
person is truant if: A. The person is required to attend school or alternative instruction and
has completed grade 6 under this chapter and has the equivalent of 10 full days of unexcused
absences or 7 consecutive school days of unexcused absences during a school year; B. The
person is required to attend school or alternative instruction and is at least 7 years of age and
has not completed grade 6 under this chapter and has the equivalent of 7 full days of
unexcused absences or 5 consecutive school days of unexcused absences during a school year.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec5051-A.html
B.
C. Zero tolerance
20-A 1001, 15-A 15, Address school disciplinary policies B. states to avoid zero-tolerance
practices unless required by federal or state laws, rules, or regulations.
IV. Any state court cases or cases settled within your Circuit Court that involved
student rights such as freedom of speech, dress, discipline including search and
seizure?
Millay v. Surry Sch. Dept., 707 F. Supp. 2d 56 (D. Me. 2010)
https://casetext.com/case/millay-v-surry-school-department-4#.U_KthhjTg7A
Richards v. Thurston, 424 F 2d 1281 (1st Cir. 1970). (student suspended because he refused to cut his hair)
http://www.ahcuah.com/lawsuit/federal/richards.htm
V. Other Items
20-A Pt 3, Ch 201, 4010. Pledge of Allegiance: A school administrative unit shall allow every
student enrolled in the school the opportunity to recite the Pledge of Allegiance at some point during a
school day, but may not require a student to recite the Pledge of Allegiance.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4010.html
20-A Pt3, Ch 208-A Postsecondary enrollment 4775. Payment; appropriations: This states
that thee department will pay 50% of the in-state tuition for the first 6 credit hours taken each semester by a
student at an eligible institution and up to 12 credit hours per academic year.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4775.html
13
governing the selection of educational materials and may approve educational materials.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1001.html
20-A 4002 Rules: 1. Textbooks may be provided to students at the expense
of the school unit. 3.This states that the school board may adopt rules for
distributing and preserving schoolbooks, apparatus and appliances.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec4002.html
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1.
2.
3.
4.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec13019-B.html
Superintendent:
20-A Part 2, Ch 101, Subchapter 2: 1051. Selection of superintendents:
1. Eligibility requirements. a state certificate of superintendence grade, issued in accordance with
chapter 501 or 502; not a school board member in the school administrative unit that they
represent.
2. Revoked in accordance with section 13020 - revocation include, but are not limited to, the
employment or retention of uncertified personnel in a school administrative unit in violation of
this Title or of any rules adopted pursuant to this Title.
http://www.mainelegislature.org/legis/statutes/20-A/title20-Asec1051.html
V. Union and collective bargaining regulations that could include delineation of the
powers of teachers' unions, timeframe for the process, what can and cannot be
negotiated
26 Ch 9-A Municipal Publication Employees Labor Relations Law, 961-974 addresses the
many factors of labor relations, unions, negotiations, contracts, and such.
http://www.mainelegislature.org/legis/statutes/search.asp
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20-A Pt 3, Ch 206, Subchapter 1 4502. School approval requirements: B. Addresses staffing,
including student-teacher ratios - permit maximum student-teacher ratios of 25:1 school-wide for
kindergarten to grade 8 and maximum student-teacher ratios of 30:1 school-wide for grades 9 to 12;
Cases:
Lane v. Board of Directors of M.S.A.D. No. 8, 447 A.2d 806 (Me. 1982).
Wright v. Portland Superintending School Committee, 331 A.2d 640 (Me. 1975)
A teacher who left his gun and bullets in his jacket was dismissed, but was rehired due to
The Maine Supreme court stated that a single isolated instance does not constitute
unfitness.